The division of the boroughs into wards was also effected for electoral pur number of wards in each in fual borough is pointed out in sche dules (A and B). The bounds of these wards and the number of councillors to be elected by each, were settled by bar risters shortly after the passing of the act. Liverpool is divided into 16 wards ; smaller boroughs into 12, 10, or fewer wards ; and the smallest boroughs are not divided into wards at all.
II. The OBJECTS of municipal govern ment in England have been usually con fined to the appointment and superintend ence of the police, the administration of justice both civil and criminal, the light ing of the district to which their juris diction extended, and the paving of the same, and in a few cases the management of the poor. These objects are of un questionable importance, and although the number of useful objects of municipal government might be extended, the act does not attempt to do so, but is confined to the improvement of the means by which the objects of the old corporations are pro posed hereafter to be attained. The first section of the act repealed so much of all laws, statutes, and usages, and of all royal and other charters, grants, and letters patent, relating to the boroughs to which the act more immediately extends, only so far as they are inconsistent with the provisions of the act, and thus left un touched the whole of the substance of those local laws which relate merely to the objects of municipal government, with the exception merely of the administra tion of justice, which is considerably modified by the act.
But as those objects had hitherto failed to be obtained, as far as could then be determined through the want of responsi bility of the functionaries to those for whose benefit they were presumed to be appointed, the Municipal Reform Act is in consequence almost wholly confined to the attempt to render the functionaries of the municipalities eligible by, and re sponsible to, the persons whose interests they are appointed to watch over and protect.
In providing a more responsible and effective municipal organization, it was necessary as well to change the tuency as the functionaries ; for it was usually by the smallness of the consti tuency, or by their accessibility to corrup tion, that the impunity of the functionaries had been secured.
III. The constituency of our corpora tions are usually known by the name of the freemen. So inapplicable to the cir cumstances of modern times, and so at variance with the principles of represen tation were the greater number of these institutions, that the freemen (the con stituency itself) were nominated and ad mitted by the ruling body, which was in turn to be elected by the freemen. There
were, however, several other modes by which the freedom of these corporations was obtained, as by birth, or by marriage with the daughter or widow of a freeman, or by servitude or apprenticeship. In London,* Shrewsbury, and many other towns, a previous admission into certain Olds or trading companies was required in addition, which admission was procured by purchase.
The rights of freedom, or citizenship, or burgess-ship, being privileges confined to few persons, were in many cases of considerable value to the possessor, parti cularly when they conferred a title to the enjoyment of the funds derivable from corporation property, or of exemption from tolls or other duties. These valu able privileges had been often purchase* by considerable sacrifices. The expec tations founded on the past enjoyment of such privileges, were a proper subject of consideration for the legislature. It was accordingly provided that although the public interests were to be insured by the prospective abolition of all the privileges and exemptions in question, the indi viduals already interested in them should not have their personal expectations thereby destroyed. On this principle the act reserved the respective rights of the freemen and burgesses, their wives and widows, sons and daughters, and of ap prentices, to acquire and enjoy the same share and benefit in the lands and other property, including common lands and public stock of the borough or corpora tion, as well as in property vested for charitable uses and trusts, as fully and effectually as might have been done if the act had not been passed (§ 4). Provi sion was made against the continuance of the abuse by which the payment of the just and lawful debts of corporations had been heretofore postponed to the claims of the persons whose rights were now in question. As these claims, so tenderly reserved by the legislature, began in wrong, there could be no comparison made between them and the rights of a lawful creditor, who were accordingly to be paid before the freemen could claim the benefit of his privileges. Besides these rights to the enjoyment of the pro perty of the municipality, the exemptions from tolls or other duties were continued to every person who ou the 5th of June, 1835, was entitled to such exemption, or even if he could on that day claim to be admitted to such exemption, on payment of the fines or fees to which he might have been liable.